IS THE CONSENT OF THE SPOUSE REQUIRED IN A SURETYSHIP AGREEMENT?
As a rule, no consent is required when concluding this contract. However, if the surety party is married, the consent of the spouse becomes important. According to Article 583 of the TCO;
“Unless there is a separation decree issued by the court or the right to live separately legally arises, one of the spouses can only become a surety with the written consent of the other; this consent must be given before the conclusion of the contract or at the latest at the time of its conclusion. The consent of the spouse is not required for subsequent amendments to the suretyship agreement which do not lead to an increase in the amount for which the surety shall be liable or to the conversion of ordinary suretyship into joint and several suretyship or to a significant decrease in the guarantees in favor of the surety.”
To summarize briefly, the written consent of the spouse must be obtained at the latest when the contract is concluded. Otherwise, the agreement is invalid.
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